Taoiseach says jail places will cope with increase

SUFFICIENT prison places will be available to allow for the extra remand prisoners that should accrue if the bail referendum …

SUFFICIENT prison places will be available to allow for the extra remand prisoners that should accrue if the bail referendum is passed, the Taoiseach, Mr Bruton, said in Dublin.

With his party's campaign for the passage of the referendum now under way, Mr Bruton said there will be "a slow build-up in the number of remand prisoners coming on stream as a result of a change in the bail laws. The new Wheatfield prison "will be available at the right time" to facilitate this increase, he added.

In keeping with the McKenna judgment, the Exchequer will pay for the public information programme presenting both sides of the argument. The political parties, meanwhile, must fund their own campaigns.

Under present regulations, bail can be refused on two grounds - the likelihood that an accused will not turn up for trial or that he or she will interfere with witnesses or evidence. The Government proposes to broaden the grounds for refusing bail so that a judge considering an application can take into account the likelihood of the accused committing a crime while on bail.

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"This campaign is about ensuring that communities around the country, like this one in Francis Street, know that the laws of the country are there to protect them from those who seek to undermine and destroy the fabric of our society. Our proposal to change the laws on bail balances the rights of the individual with the common good", Mr Bruton said.

The referendum essentially boiled down to one thing tougher bail will lead to safer streets". It would allow the courts to take full account of the previous convictions of the accused in deciding whether to grant bail or not.

The Taoiseach painted a grim picture of crime in Ireland, saying; the quality of life for many Irish citizens had deteriorated and that more and more people were living in fear.

"They are afraid to walk down their own street, to open their door for fear of being attacked by ruthless thugs. As leader of Fine Gael and as Taoiseach, I am determined to take the necessary steps to make Ireland a safer place," he added.

The bail amendment was a balanced and practical measure to "tilt the balance back in favour of the good and decent people in this country who are the innocent victims of serious crime".

It was one piece of the jigsaw in the overall crime package and, while it would not solve the problem, it would enable the courts to deny bail in order to prevent people committing further crime while awaiting trial.

Ireland has the weakest bail laws in the EU at a time when a small group of "ruthless criminals" are using the current law to get back on to the streets to reoffend. This change in the Constitution would target persistent criminals, Mr Bruton said.

Meanwhile, the Minister for Justice, Mrs Owen, said that, if the referendum is passed, legislation must be brought forward in the Dail.

The new legislation will provide that some cash or equivalent of cash has to be put up as part of bail; it will allow a condition to be attached to bail that an accused is of good behaviour and that bail money can be forfeited if an offence is committed while on bail; it proposes to strengthen the 1984 Criminal Justice Act relating to the imposition of consecutive sentences for offences committed on bail.

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Policy of denying solicitor upheld

THE RUC's policy of denying terrorist suspects the right to a solicitor at interviews received unanimous backing in the Court of Appeal bin Belfast yesterday.

Three judges dismissed applications for judicial review brought on behalf of nine men, seven of whom were later charged with armed robbery and false imprisonment.

There had been a ban on solicitors' presence at interviews for the past 25 years. But in January the policy was changed so each application was considered on its merits.

Lawyers argued the policy change was a sham as no solicitor had been allowed to attend interviews.

In a 76-page reserved judgment, the Lord Chief Justice, Sir Brian Hutton, said a democracy, faced with the threat of terrorism on the scale which has existed in Northern Ireland, was entitled to amend its law and to derogate from normal rights.

He said: "Parliament has decided that the presence of a solicitor at interview would assist guilty suspects not to make true confessions to terrorist crimes and the need to protect society and citizens against terrorism necessitates the exclusion of solicitors from such interviews."

Mr Justice Campbell agreed with previous rulings by the Court of Appeal that there was no right at common law to have a solicitor during an interview.

"Since there was no right to have a solicitor present it is not altogether surprising that no examples have been given of a solicitor being present," he said. Mr Justice Kerr said the desirability in normal circumstances of a suspect having ready access to legal advice while being questioned was beyond serious dispute.

But it was equally well recognised, he said, that investigation of terrorist offences gave rise to particular difficulties which called for separate and special consideration.

An application for leave to appeal was adjourned.